Disclaimer Will Ritter is not an attorney. The information and materials available in this presentation are for informational purposes only and are not for the purpose of providing legal advice.

My recommendations on use of the file upload server: • Upload your own original content anytime. • Upload student content with their permission. • Upload any other content ONLY with proper permission from the copyright holder.

Face-To-Face Teaching Exception ( 17 USC Section 110 ) For face-to-face teaching, you are allowed to show a movie or audiovisual work without a license, but it has to be: •in a physical classroom. •in person. •at a nonprofit, educational institution. •lawfully made.

Fair Use ( 17 USC Section 107 ) Fair use allows limited use of copyrighted material without permission, but you have to consider the “four factors”: •Purpose and character of the use. •Nature of the copyrighted work. •Amount of the work used. •Effect of your use upon the potential market for the copyrighted work. For further explanation see Appendix 1

Fair Use Evaluator Check out the Fair Use Evaluator at http://librarycopyright.net/resources/fairuse/

Distance Learning ( 17 USC Section 110 ) You can use works for distance learning without permission, if you: …and you plan to use the copyrighted work: • are an educator. • are at an accredited educational institution. • will supervise student use.* • use the material as an integral part of a class session. • use the material as an integral part of your curriculum. • use material directly related to, and of material assistance to your teaching content. • for performances of nondramatic works * See Appendix 3 for further explanation. – i.e. Recording of a novel read aloud or a recording of a symphony. • in reasonable amounts.* i.e. An excerpt from a movie. • in an amount comparable to what may be used in a live classroom.

So, wait… why is streaming any different from just showing a DVD in class? Reason: •Machines copy information to read and render it. While these copies may not be intentional, they are considered reproductions under the law. Authorization is required, absent an applicable exception.

What are my other options? My suggestions…

Show the full length of a movie during regular class time This is legal under the face-to-face teaching exemption, but it has to be: •shown in the format you purchased it in. •during regular class time. •only viewed by enrolled students. •shown when you (the instructor) is present. •only done in situations where viewing the movie in its entirety is required for the course.

Use video streaming services that the Jones Library can already access Jones Library does have access to streaming video through NC LIVE. ( http://media.nclive.org ) Including: American Experience, American Maters, Frontline, NOVA, Scientific American Frontiers, and many others!

Use commercial avenues You may send your students to commercial sources of films, such as: •Netflix – My streaming-only subscription is $7.99 +tax a month, totaling to $8.53 a month. – First month for new subscribers is often free. – Cancel anytime with no penalties. •Other options include Amazon or iTunesU

Use specific, targeted video clips for educational purposes • You can, under section 1201(a)(1) of the copyright law, create short clips of motion picture media (such as DVDs). • However, this requires circumventing digital rights management protections present on the DVD and there are very specific rules. For more see Appendix 2

Use Jones Library Reserves services • You may request that materials be placed on reserve in the Jones Library. See Reserve Requests on the library website for more information. • We have viewing stations on the lower level of the library.

A note about getting permission. I found many sources that provide instructions and even pre-made documents for requesting permission. I’ll be glad to share.

Appendix 1 Explanation of the four factors of fair use. Further definition of the four factors of fair use. •Purpose and character of the use. – Have you transformed the copyrighted material in such a way to add new meaning or express the content in a new way? – Purposes such as scholarship, research, or education often meet this standard because they are subject of review or commentary. •Nature of the copyrighted work. – Usually factual works fair better under fair use, because the dissemination of fact benefits the public. •Amount of the work used. – Copying less from a work is better and improves your chances of falling under fair use. However, if what you copy is found to be the “heart” of the original work, it could still fall outside fair use. •Effect of your use upon the potential market for the copyrighted work. – Creating a copy that takes income from the copyright holder’s original is a nono.

Appendix 2 Is it ever okay to copy a film? Generally, no. However, in very specific cases it may be an option to make a copy of a legally acquired movie. •The law explicitly permits short portions of film to be used for educational purposes. Some examples likely to be considered fair use or consistent with educational limitations are: •Overlay written comments onto the film without circumventing the copy protection. •Play an audio track of comments concurrently with the movie. •Provide clips. One example: Send the students to publicly available movie trailers for the film, then have them watch it on their own. •A movie is available only in a format not common in the U.S. and it must be copied to obtain access to it. •The copying is for library archival purposes.

Appendix 3 Explanation of distance education slide. • “supervise student use”. Meeting this requirement may be difficult when the link to a film is posted to Moodle or some other distance education application. • “in reasonable amounts”. Specifically stated in the law as “in limited and reasonable amounts” is often interpreted very conservatively by other institutions. It’s usually taken to mean that only short clips that are highly relevant to what is being taught can be used.

Managing On-Demand Presentations : The Official Microsoft ...

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